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Updated: 3:34 PM Jun 13, 2005
Drunk Driving Crackdown
Repeat offenders targeted Some major changes are in store for those who drink and drive. Nebraska's legislature has put some muscle in the penalties for repeat offenders.
Posted: 3:34 PM Jun 13, 2005 |
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Some major changes are in store for those who drink and drive. Nebraska's legislature has put some muscle in the penalties for repeat offenders.
Under the old law the maximum penalty for second offense DUI was three months. Under the new law the maximum sentence increases to six months. If blood alcohol content is .16 the penalty can be up to a year in jail.
It's known as the serious offender law, aimed at individuals with second and third offense drunk driving convictions.
Prosecutors and defense attorneys agree that the possibility of six months for second offenders and up to a year for those with higher blood-alcohol levels sends a clear message.
Omaha City Prosecutor Marty Conboy says, "The repeat offenders who not only drink over the legal limit but, as I say, double the legal limit and more and are still are out driving around, it's pretty hard to drum up much sympathy for that group."
Defense Attorney James Schaefer says, "It certainly is a statement by the legislature that they're not going to fool around with any kind of leniency if you have a motorist out there that has a high B-A-C and is dangerous to the public."
The new law applies to those second and third offenders within the past 12 years. And even if a defendant gets probation the law requires an offender serve at least a month in jail.
Schaefer says, "If you've got a prior within the past 12 years and you get another drunk driving arrest and your B-A-C was .16, even if you get probation, you're going to spend some time in jail."
Conboy says, "It is unavoidable now that a person would go to jail. Even with probation that offender would still have to go to jail."
The fine for a second offense conviction is $500. That could double for those arrested with blood-alcohol content at .16 and higher.
The law takes affect in September.
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